When delivering digital data such as computer software, data files, cryptographic certificates and the like to end users, there is typically a desire to bind the end users to various terms, provisions, policies, rules or the like, collectively referred to herein as conditions relating to the use of that data.
To deal with this desire, over the last fifteen years or so, a legal doctrine known as shrink-wrap licensing has evolved. Using shrink-wrap licensing, a software license agreement is printed onto a software package, and the physical act of tearing off the shrink wrap plastic is held to constitute an objective manifestation of assent to the license terms. More recently, a doctrine known as click-wrap licensing has begun to be recognized. In click-wrap licensing, the user is provided with a license agreement (either displayed on a computer screen or in some other manner). The user's action of clicking a mouse key with the computer's cursor positioned on a screen button labeled with some words of assent, for example, the phrase "I Agree" or equivalent, is deemed to constitute proof of assent by the end user to the displayed license terms.
When the goods being delivered are software intended for use in electronic commerce, the problem of binding the user to the terms and conditions of an electronic transaction system (generally known as system rules) is very important. Not only must the user be bound to perform (prepare and send) his own transactions according to certain rules, but he must also agree to reject certain transactions sent to him by other participants if those transactions violate certain rules. An example of this is the obligation of a recipient to disregard a transaction which does not match the authorization given to its sender, when verified according to the electronic commerce system being employed by the recipient.
Delivery to an end user of electronic (digital) goods in an encrypted (or scrambled) state is known. It is also known to subsequently deliver an appropriate decryption key to the end user, only upon fulfillment of some condition, such as arranging for payment for the goods. In such cases, users do not know the decryption key until they receive it in exchange for payment, or until they fulfill some other conditions (such as registering use of the goods).
Various schemes also exist in which an on-line service sign-up process involves entering a credit card number followed by a formalistic typing of words of assent such as "I Agree" in reference to the terms of service. However, in those cases, while the program requires the words to be entered in order to proceed, there is no decryption step involved, only recognition of the phrase.